The “appearance of impropriety” and “doubts favor disqualification”—once the touchstones for attorneys in disqualification applications—may no longer cast such a long shadow on the legal profession after a blizzard of judicial decisions requiring a higher standard of proof in such applications.
The decision to disqualify an attorney rests with the discretion of the court.1 Because there are significant competing interests inherent in attorney disqualification cases, the Court of Appeals and other courts have advised against “mechanical application of blanket rules,” in favor of a “careful appraisal of the interests involved”2 including the valued right to choose your own counsel3 and the equally compelling obligation of an attorney to preserve a client’s secrets and confidences.4
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